The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: Metropolitan Detention Center
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: MARCH 6, 2012
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Gershon Horn, retained XX PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Conspiracy to distribute cocaine in violation of Title 21 U.S.C. 846, 841(a)(1),(b)(1)(A) as charged in count 1 of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
The Court asked whether defendant had anything to say why
judgment should not be pronounced. Because no sufficient cause to the
contrary was shown, or appeared to the Court, the Court adjudged the
defendant guilty as charged and convicted and ordered that: Pursuant
to the Sentencing Reform Act of 1984, it is the judgment of the court
the defendant is hereby committed to the Bureau of Prisons to
be imprisoned for a term of:
Seventy-two (72) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment, the
defendant shall be placed on supervised release for a term of five (5)
years, under the following terms and conditions: the defendant 1)
shall comply with the rules and regulations of the U.S. Probation
Office and General Order 05-02; 2) shall refrain from any unlawful use
of a controlled substance, and shall submit to 1 drug test within 15
days of release from imprisonment and at least 2 periodic drug tests
thereafter, not to exceed 8 tests per month, as directed by the
Probation Officer; 3) shall participate in an outpatient substance
abuse treatment and counseling program that includes urinalysis,
breath and/or sweat patch testing, as directed by the Probation
Officer, and shall abstain from using illicit drugs, alcohol, and
abusing prescription medications during the period of supervision; 4)
shall as directed by the Probation Officer pay all or part of the
costs of treating the defendant's drug and/or alcohol dependency to
the aftercare contractor during the period of community
supervision, pursuant to 18 USC 3672, and the defendant shall provide payment and proof of payment as directed by the
Probation Officer; 5) shall pay the special assessment in accordance with this judgment's orders pertaining to such
payment; 6) shall, when not employed or excused by the Probation Officer for schooling, training, or other acceptable
reasons, perform 20 hours of community service per week as directed by the Probation Officer; 7) shall not obtain or
possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in
any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner,
any name other than his true legal name without the prior written approval of the Probation Officer; 8) shall apply all
monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected
financial gains to the outstanding court-ordered financial obligation; 9) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that all fines are waived.
The Court has found that the property identified in the preliminary order of forfeiture is subject to forfeiture. The preliminary order is incorporated by reference into this judgment and is final as to the defendant. The defendant shall comply with General Order 01-05.
IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of this judgment be imposed. the Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...